Principles of International Investment Law
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Product details:
- Edition number 3
- Publisher OUP Oxford
- Date of Publication 6 January 2022
- ISBN 9780192857811
- Binding Paperback
- No. of pages560 pages
- Size 234x154x26 mm
- Weight 810 g
- Language English 0
Categories
Short description:
This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students, scholars, and practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.
MoreLong description:
This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration.
Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.
Review from previous edition This book is an exceptional guide for practitioners and students alike and an essential reference tool for investment arbitration cases.
Table of Contents:
I. History, Sources, and Nature of International Investment Law
The history of international investment law
The sources of international investment law
The nature of international investment law
II. Interpretation and Intertemporal Application of Investment Treaties
The interpretation of investment treaties
The application of investment treaties in time
III. Investor
Private foreign investors
Nationality of individuals
Nationality of corporations
A local company as a foreign investor
Nationality planning
Denial of benefits
An active investor?
IV. Investment
Terminology and concept
Definitions of investment
A general concept of investment?
Types of investments
The unity of an investment
The origin of the investment
Investments in the host State's territory
Investments in accordance with host State law
Indirect investments
V. Investment Contracts
Types of investment contracts
Applicable law
Dispute settlement
Stabilization clauses
Renegotiation and adaptation
VI. Admission and Establishment
The right to control admission and establishment
The move towards economic liberalism
Investment promotion
The right to admission and the right of establishment
Treaty models of admission
Performance requirements
The inception of an investment
VII. Expropriation
The object of an expropriation
Expropriation as an act of government
Indirect expropriation
The legality of the expropriation
VIII. Standards of Protection
Fair and equitable treatment
Full protection and security
Arbitrary or discriminatory measures
National treatment
Most-favoured-nation treatment
The umbrella clause
Effective means
Transfer of funds
IX. Emergency Situations and Armed Conflicts
Competing policies
Effects of violence under traditional international law
The ILC Articles on state responsibility
Treaty law
X. Attribution
Sources and principles
Organs, provinces, and municipalities
Exercise of governmental authority
Instruction, direction, or control
XI. Political Risk Insurance
History and purpose
Different types of insurance
Subrogation
Risks covered
XII. Settling Investment Disputes
State-to-State disputes
The limited usefulness of domestic courts
Settlement of Investor-State disputes by arbitration and conciliation
Arbitration institutions and regimes
Investment disputes
The parties to investment disputes
Consent to investment arbitration
Conditions for the institution of proceedings
MFN clauses and dispute settlement
Treaty claims and contract claims
Procedure
Applicable law
Remedies
Costs
Review of awards
Enforcement of awards